Last updated: May 2022
General terms & conditions (herein "GTC") of Rational Ventures AG (herein "rational studio").
By placing an order on www.rationalstudio.com, you are accepting to purchase a Product on and subject to the following terms and conditions of rational studio. The GTC always applies between you and rational studio when you use or place an order through the website www.rationalstudio.com (the “Site”). The GTC contains important information for you as a customer of rational studio. Please read them carefully. We also recommend you save or print the GTC, so you can consult them again at a later date.
Rational Ventures AG: a company established under Swiss law, trading under the trade name ”rational studio”.
Site: the website www.rationalstudio.com, www.rationalstudio.ch and all of its sub-domains.
Client: the natural person or corporation acting in the performance of a profession or business who enters into an Agreement with rational studio.
Product(s): the product(s) as offered on the Site.
Agreement: any arrangement or agreement between rational studio and the Client of which the GTC forms an integral part.
GTC: the present terms and conditions of rational studio.
3. Applicability of the GTC
3.1 The GTC applies to all offers and deliveries from, and Agreements with rational studio, unless otherwise explicitly agreed on in writing.
3.2 If the Client declares other provisions or terms applicable in his order, confirmation or through any other communication medium, such provisions will only be binding upon rational studio if and in so far as rational studio has explicitly accepted them in writing.
4. Prices and information
4.1 All prices as displayed on the Site and on other materials originating from rational studio include taxes and other levies imposed by the government unless stated otherwise on the Site.
4.2 If shipping costs are charged, these will be clearly stated on the Site before the Agreement is concluded. The shipping costs will be displayed separately in the ordering process.
4.3 The content of the Site is composed of the greatest care. rational studio can however not guarantee that all information on the Site is displayed correctly and/or is complete at all times. All prices and other information displayed on the Site and on other materials originating from rational studio could include typographical and/or programming errors. rational studio cannot be held responsible for such typographical and/or programming errors and reserves the right to correct such errors at all times.
4.4 rational studio cannot be held responsible for any deviations between the color of the Product and the color of the Product as displayed on the Site.
5. Conclusion of the Agreement
5.1 The Agreement will be deemed to be concluded at such moment that the Client accepts the offer of rational studio, which offer is subject to the GTC.
5.2 If the Client has accepted the offer by electronic means, rational studio will also confirm receipt of acceptance of the offer by electronic means.
5.3 If it is found that, in accepting or otherwise entering into the Agreement, the Client has provided incorrect data, rational studio will have the right to suspend its obligations until the correct data has been received from the Client.
6. Execution of the Agreement
6.1 As soon as rational studio has received a Client’s order and has confirmed the acceptance thereof, it will hand over the Products to the shipping company as chosen by the Client in the ordering process. The shipping company will then send the Products to the Client.
6.2 rational studio is authorized to engage any third parties in the fulfillment of its obligations under the Agreement.
6.3 The Site includes information describing the manner of delivery of the Products and an estimation of the term in which the Products will be delivered to the Client.
6.4 If rational studio is unable to deliver the Products within thirty (30) days after the confirmation of acceptance of the order, it will notify the Client accordingly. In such event, the Client can decide to either agree to a new delivery date or to dissolve the Agreement without incurring any costs. rational studio cannot be held liable for any delay in the delivery process.
6.5 rational studio advises the Client to inspect the Products upon receipt and to report any defects within two (2) working days after delivery in writing or by email.
6.6 As soon as the Product has been delivered to the delivery address submitted by the Client, the risk of the Product fully transfers to the Client.
6.7 If the ordered Product can no longer be supplied, rational studio is entitled to deliver a Product which is comparable in nature and quality to the ordered Product. In that case, the Client will have the right to dissolve the Agreement without incurring any costs and to return the Product free of charge.
7.1 The Client has the right to return the Product within fourteen (14) days after the Product has been delivered to the Client.
7.2 The Client must inform rational studio of its wish to return the Product by sending an e-mail to firstname.lastname@example.org within the aforementioned period of fourteen (14) days after the Product has been delivered to the Client. This e-mail should include the following information: order number, name, phone number, e-mail address and delivery address. After receipt of this e-mail, rational studio will provide a Return Authorization number (“RA Number”) to the Client. After receipt of the RA number, the Client will have an additional fourteen (14) days to return the Product to rational studio. The Client must bear the costs for shipping the Products to rational studio.
7.3 Returned Products must be unused, undamaged and returned in its original unopened packaging with its original packing slip. Returns attempted without satisfying all of the aforementioned conditions, will not be accepted.
7.4 The Client is responsible for the chosen shipping method of the returns. The risk of the Product will transfer to rational studio when rational studio has received the Product. This means that rational studio cannot be held responsible for any returns which are (for example) lost and/or damaged in the mail when being returned. We therefore advise you to choose for registered shipment, request tracking information and ensure the package containing the returned Product(s). rational studio does not make any exceptions to this policy.
7.5 After receiving and accepting the returned Products, rational studio will refund the total purchase price to the Client within fourteen (14) days.
8.1 The Client shall pay the amounts due to rational studio in accordance with the ordering process and through the payment method selected on the Site. rational studio is free to offer any payment method of its choice and may change these payment methods at any time.
9. Warranties and Conformity
9.1 rational studio warrants that the Products are suitable for their intended use, as described on the Site.
9.2 If the delivered Product fails to satisfy the Agreement at delivery, rational studio must be notified thereof within a reasonable period of time, which is ultimately fourteen (14) days after delivery of the Product.
9.3 If a Product does not satisfy the Agreement and the Client has notified rational studio thereof within the period mentioned in article 9.2, the Product concerned will be repaired, replaced or (partially) refunded, such in consultation with the Client. Complaints after the period mentioned in article 9.2 will not be accepted by rational studio.
10. Complaints handling procedure
10.1 If the Client has any grievances in connection with a Product (in accordance with article 9 entitled, “Warranties and Conformity”), or regarding any other aspects of the Site or service of rational studio, it can submit a complaint by email or in writing. The contact details of rational studio are provided at the end of the GTC.
10.2 rational studio will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If rational studio is unable to formulate a substantive response to the complaint within such period, rational studio will confirm receipt of the complaint within seven (7) days after receipt of the complaint and give an indication of the term within which it expects to be able to give a substantive or definitive response to the Client.
11.1 The total liability of rational studio in respect of the Client due to an attributable failure to perform the Agreement is limited to a compensation which does not exceed the price stipulated for that particular Agreement (including VAT and shipping costs).
11.2 rational studio cannot be held liable for any indirect damages or losses, including, without limitation, consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.
11.3 Except as otherwise explicitly provided for in this article 10, rational studio is not subject to any liability, irrespective of the grounds upon which an action or proceeding may be based. The restrictions set out in this article 10.3, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of rational studio.
11.4 rational studio will only be liable to the Client on account of an attributable failure in the performance of an Agreement if the Client issues a written notice of default to rational studio without delay, stipulating a reasonable period of time in which rational studio has the possibility to remedy the default, and rational studio fails to cure the default within such period. The notice of default must contain a description of the default in as much detail as possible, in order to enable rational studio to provide an adequate response and/or take adequate action.
11.5 Any event giving rise to compensation is always subject to the condition that the Client reports the damage or loss in writing to rational studio as soon as possible, but no later than within thirty (30) days after the damage or loss has arisen.
12. Retention of title
12.1 As long as rational studio has not received full payment for the Products, rational studio will retain the ownership of the Products.
13. Personal details
14. Final provisions
14.1 The GTC and the Agreement are exclusively construed in accordance with and shall be exclusively governed by the laws of Switzerland.
14.2 Any dispute arising out or in connection with the GTC and the Agreement, including disputes concerning the existence and validity thereof will if no amicable settlement can be reached, be resolved by the competent Swiss court in the district where rational studio has its registered office.
14.3 In the event that any of the provisions contained in the GTC will be deemed invalid or unenforceable, then the remaining provisions shall be construed as if such invalid provisions were not contained herein; and such invalid or unenforceable provisions will then be deemed to have been replaced by a provision which as closely as possible meets the intention of rational studio when inserting the original provision.